2018 -- H 7521

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LC004433

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - COURTS

     Introduced By: Representatives Marshall, O'Brien, Edwards, Morin, and Casey

     Date Introduced: February 09, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 8-2 of the General Laws entitled "Superior Court" is hereby

amended by adding thereto the following section:

     8-2-15.2. Renewable energy resource court calendar.

     (a) Findings. The general assembly finds that:

     (1) Rhode Island general laws § 39-26-5(a) defines renewable energy resources, the

development of such facilities and projects has been promoted through chapter 26, 26.1, 26.2,

26.3, 26.4, 26.5 and 26.6 of title 39 to, amongst other purposes, support and encourage

development of distributed renewable energy generation systems; reduce environmental impacts;

reduce carbon emissions that contribute to climate change by encouraging the local siting of

renewable energy projects; diversify the state's energy generation sources; stimulate economic

development; improve distribution system resilience and reliability; and, reduce distribution

system costs.

     (2) The development of renewable energy resources is severely hindered when superior

court land use matters are not promptly heard and decided.

     (3) Delays in the adjudication of superior court land use matters concerning the

development of renewable energy resources has significant adverse consequences on the ability to

promote, advance and implement such facilities and projects in the state of Rhode Island.

     (b) Declaration of policy. It is hereby declared to be the policy of the state of Rhode

Island for superior court land use matters concerning the development of renewable energy

resources to be afforded precedence and for those matters to be determined with as little delay as

possible.

     (c) Establishment. To accomplish this policy in an effort to minimize delay in the

processing of superior court land use matters concerning the development of renewable energy

resources, there shall be established a separate calendar within the jurisdiction of the superior

court to be known as the renewable energy resource court calendar.

     (d) Renewable energy resource court calendar.

     (1) The presiding justice of the superior court shall create a renewable energy resource

court calendar to adjudicate all superior court land use matters concerning the development of

renewable energy resources, to be located in the superior court for the county of Providence, and

shall assign personnel to the extent warranted to hear and decide all actions within the jurisdiction

of land use court calendar.

     (2) The renewable energy resource court calendar, the "RER calendar", shall hear all

superior court land use matters concerning the development of renewable energy resources

instituted pursuant to §§ 45-23-71; 45-23-72; 45-24-63(b); 45-24-69; 45-24-71; 45-24.4-16; and,

all appeals taken from orders and decisions of the Rhode Island department of environmental

management and/or the administrative adjudication division of the Rhode Island department of

environmental management by and through § 42-35-15 and any other relevant statute, which are

all matters that can be decided without the necessity of evidentiary hearing, on the record, and in

an expedited fashion. The RER calendar shall have exclusive original jurisdiction over all

superior court land use matters concerning the development of renewable energy resources. Cases

assigned to the RER calendar shall be heard and/or decided within one hundred twenty (120)

days. No continuances shall be granted except for good cause shown. Such continuances as are

necessary shall be granted for the shortest practical time. Written decisions shall be promptly

issued.

     (3) The justice assigned to the RER calendar shall have broad discretion to hear any

incidental but related issues that they deem necessary in the best interests of justice.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - COURTS

***

     This act would establish a new and separate calendar within the superior court to

expediently hear and decide land use matters concerning the development of renewable energy

resources.

     This act would take effect upon passage.

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LC004433

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